The effect of complainant age on outcomes in the criminal justice system: case tracking from report to conviction

 The thesis explored child sexual abuse in the criminal justice system and how victim age predicted case outcomes, including disclosures, charges and convictions. The findings highlighted that adolescent victims may experience unique challenges. Further, the relationships between victim age, case characteristics and evidence are crucial to explaining case outcomes.

Identifying the characteristics of child sexual abuse cases that exit the criminal justice system before the forensic interview

Most child sexual abuse cases do not result in conviction; rather, they result in attrition at an earlier point in the system. Although research has looked at case characteristics associated with attrition at later stages of the system (i.e. the laying of charges and prosecution stages), to date, no research has studied the case characteristics associated with attrition as soon as a report has been made to authorities. The aim of this study was to determine the case characteristics (child complainant, suspect and additional case characteristics) associated with attrition when a case first enters the criminal justice system before a forensic interview is conducted. All child sexual abuse incidents reported to police in one jurisdiction of Australia in 2011 were examined. Three case characteristics were found to predict attrition: previous disclosure, abuse frequency and the child complainant’s age. Specifically, cases were more likely to result in attrition when the child had not previously disclosed the abuse to an adult, the abuse was a single incident rather than repeated, and a curvilinear relationship was found for child age. Cases involving children aged 7–12 years were less likely to result in attrition than cases involving younger (0–6 years) and older (13–15 years) children. This information should assist professionals and researchers in developing interventions to reduce the attrition when necessary during this early stage of the criminal justice system.

Identifying the characteristics of child sexual abuse cases associated with the child or child's parents withdrawing the complaint

Most child sexual abuse cases do not result in a full trial or guilty plea; rather, case attrition occurs at earlier stages of the criminal justice system. One reason for the attrition of these cases is the withdrawal of complaints, by children or their caregivers. The aim of the current study was to determine the case characteristics associated with complaint withdrawal in child sexual abuse cases by the child or his or her parents once a report has been made to authorities. All child sexual abuse incidents reported to authorities in one jurisdiction of Australia in 2011 were analyzed (N=659). A multinomial logistic regression was used to predict the following case outcomes: (1) withdrawn by the child or his or her parents, (2) exited for other reasons (e.g., the alleged offender was not identified, the child refused to be interviewed), and (3) resulted in a charge. Five predictors significantly added to the prediction of case outcome: child age, suspect gender, suspect age, child-suspect relationship, and abuse frequency. These results should contribute to the design of interventions in order to reduce complaint withdrawals if these withdrawals are not in the child's best interests.

Mobile authoring of open educational resources for authentic learning scenarios

The proliferation of smartphones in the last decade and the number of publications in the field of authoring systems for computer-assisted learning depict a scenario that needs to be explored in order to facilitate the scaffolding of learning activities across contexts. Learning resources are traditionally designed in desktop-based authoring systems where the context is mostly restricted to the learning objective, capturing relevant case characteristics, or virtual situation models. Mobile authoring tools enable learners and teachers to foster universal access to educational resources not only providing channels to share, remix or re-contextualize these, but also capturing the context in-situ and in-time. As a further matter, authoring educational resources in a mobile context is an authentic experience where authors can link learning with their own daily life activities and reflections. The contribution of this manuscript is fourfold: first, the main barriers for ubiquitous and mobile authoring of educational resources are identified; second, recent research on mobile authoring tools is reviewed, and 10 key shortcomings of current approaches are identified; third, the design of a mobile environment to author educational resources (MAT for ARLearn) is presented, and the results of an evaluation of usability and hedonic quality are presented; fourth, conclusions and a research agenda for mobile authoring are discussed.

An exploration of the cases referred to victim-offender mediation within the framework of the juvenile justice system

Ce mémoire de maîtrise cherche à jeter un regard approfondi sur les cas des jeunes contrevenants référés au processus de médiation à Trajet, un organisme de justice alternative à Montréal. Plus précisément, les objectifs sont de décrire les caractéristiques des cas référés, d’explorer leur relation avec la participation au processus de médiation et avec le résultat de celui-ci, et de comparer ces mêmes éléments en regard de deux périodes inclues dans le projet : celle où s’appliquait la Loi sur les jeunes contrevenants et celle où la Loi sur le système de justice pénale pour les adolescents assortie de l’Entente cadre sont entrés en vigueur. Des méthodes de recherche quantitatives ont été utilisées pour analyser les cas référés à Trajet sur une période de 10 ans (1999-2009). Des analyses descriptives ont permis d’établir les caractéristiques communes ou divergentes entre les cas référés à Trajet et ceux référés à d’autres programmes de médiation. Des analyses bi-variées ont révélé qu’une relation significative existait entre la participation au processus de médiation et l’âge et le sexe des contrevenants, le nombre de crimes commis par ceux-ci, le nombre de victimes impliquées, le type de victime, l’âge et le sexe des victimes et, le délai entre la commission du crime et le transfert du dossier à Trajet. La réalisation d’une régression logistique a révélé que trois caractéristiques prédisent de manière significative la participation à la médiation : l’âge des contrevenants, le nombre de victimes impliquées et le délai entre la commission du crime et le transfert du dossier à Trajet. La faible proportion d’échecs du processus de médiation a rendu inutile la réalisation d’analyses bi et multi-variées eu égard au résultat du processus de médiation. Des différences significatives ont été trouvées entre les cas référés en médiation sous la Loi sur les jeunes contrevenants et ceux référés sous la Loi sur le système de justice pénale pour les adolescents assortie à l’Entente cadre en ce qui a trait au type de crime, au nombre de délits commis, à l’existence d’une référence précédente à Trajet, aux raisons pour lesquelles la médiation n’a pas eu lieu, à la restitution sous toutes ces formes et, plus spécialement, la restitution financière. La participation à la médiation est apparue plus probable sous la LSJPA que sous la LJC. Des corrélations partielles ont montré que différentes caractéristiques étaient associées à la participation à la médiation dans les deux périodes en question. Seule une caractéristique, le sexe des victimes, s’est avérée reliée significativement à la participation à la médiation tant sous la LJC que sous la LSJPA. Les résultats de ce projet ont donné lieu à une connaissance plus approfondie des cas référés à Trajet pour un processus de médiation et à une exploration de l’impact que la LSJPA et l’Entente cadre sur ce processus. Toutefois, l’échantillon étant limité au cas traités à Trajet ne permet pas la généralisation de ces résultats à l’ensemble des cas référés aux organismes de justice alternative du Québec pour le processus de médiation.

The effect of victim age on police authorisation of charges in cases of child sexual abuse

In the study, a cohort of 440 child sexual abuse cases were used to model the effect of victim age on police authorisation of charges. Linear and quadratic effects of age were modelled in a logistic regression that controlled for case characteristics and evidence. The quadratic effect of victim age was strengthened when control variables were included in the model and the linear effect of age was not significant in the final model. The results indicated that cases involving victims in middle childhood had a higher proportion of suspects charged than cases involving victims in early childhood and adolescence. Possible mediators of the relationship between victim age and charges were explored and it was found that cases with older victims had a higher prevalence of extra-familial abuse and suspect confessions, and these factors had a positive effect on the proportion of suspects charged. Possible explanations for the quadratic effect of victim age and mediation are discussed.

Ensaios sobre o poder judiciário no Brasil

A tese apresenta três ensaios empíricos sobre os padrões decisórios de magistrados no Brasil, elaborados à partir de bases de dados inéditas e de larga escala, que contém detalhes de dezenas de milhares de processos judiciais na primeira e na segunda instância. As bases de dados são coletadas pelo próprio autor através de programas-robô de coleta em massa de informações, aplicados aos "links" de acompanhamento processual de tribunais estaduais no Brasil (Paraná, Minas Gerais e Santa Catarina). O primeiro artigo avalia - com base em modelo estatístico - a importância de fatores extra-legais sobre os resultados de ações judiciais, na Justiça Estadual do Paraná. Isto é, se os juízes favorecem sistematicamente a parte hipossuficiente (beneficiária de Assistência Judiciária Gratuita). No segundo artigo, estuda-se a relação entre a duração de ações cíveis no primeiro grau e a probabilidade de reforma da sentença, utilizando-se dados da Justiça Estadual de Minas Gerais. O objetivo é avaliar se existe um dilema entre a duração e a qualidade das sentenças. Dito de outra forma, se existe um dilema entre a observância do direito ao devido processo legal e a celeridade processual. O último artigo teste a hipótese - no âmbito de apelações criminais e incidentes recursais no Tribunal de Justiça de Santa Catarina - de que as origens profissionais dos desembargadores influenciam seus padrões decisórios. Isto é, testa-se a hipótese de que desembargadores/relatores oriundos da carreira da advocacia são mais "garantistas" ( e desembargadores oriundos da carreira do Ministério Público são menos "garantistas") relativamente aos seus pares oriundos da carreira da magistratura. Testam-se as hipóteses com base em um modelo estatístico que explica a probabilidade de uma decisão recursal favorável ao réu, em função da origem de carreira do relator do recurso, além de um conjunto de características do processo e do órgão julgador.

Quantifying the Economics of Medical Malpractice - A View from a Civil Law Perspective

Life is full of uncertainties. Legal rules should have a clear intention, motivation and purpose in order to diminish daily uncertainties. However, practice shows that their consequences are complex and hard to predict. For instance, tort law has the general objectives of deterring future negligent behavior and compensating the victims of someone else's negligence. Achieving these goals are particularly difficult in medical malpractice cases. To start with, when patients search for medical care they are typically sick in the first place. In case harm materializes during the treatment, it might be very hard to assess if it was due to substandard medical care or to the patient's poor health conditions. Moreover, the practice of medicine has a positive externality on the society, meaning that the design of legal rules is crucial: for instance, it should not result in physicians avoiding practicing their activity just because they are afraid of being sued even when they acted according to the standard level of care. The empirical literature on medical malpractice has been developing substantially in the past two decades, with the American case being the most studied one. Evidence from civil law tradition countries is more difficult to find. The aim of this thesis is to contribute to the empirical literature on medical malpractice, using two civil law countries as a case-study: Spain and Italy. The goal of this thesis is to investigate, in the first place, some of the consequences of having two separate sub-systems (administrative and civil) coexisting within the same legal system, which is common in civil law tradition countries with a public national health system (such as Spain, France and Portugal). When this holds, different procedures might apply depending on the type of hospital where the injury took place (essentially whether it is a public hospital or a private hospital). Therefore, a patient injured in a public hospital should file a claim in administrative courts while a patient suffering an identical medical accident should file a claim in civil courts. A natural question that the reader might pose is why should both administrative and civil courts decide medical malpractice cases? Moreover, can this specialization of courts influence how judges decide medical malpractice cases? In the past few years, there was a general concern with patient safety, which is currently on the agenda of several national governments. Some initiatives have been taken at the international level, with the aim of preventing harm to patients during treatment and care. A negligently injured patient might present a claim against the health care provider with the aim of being compensated for the economic loss and for pain and suffering. In several European countries, health care is mainly provided by a public national health system, which means that if a patient harmed in a public hospital succeeds in a claim against the hospital, public expenditures increase because the State takes part in the litigation process. This poses a problem in a context of increasing national health expenditures and public debt. In Italy, with the aim of increasing patient safety, some regions implemented a monitoring system on medical malpractice claims. However, if properly implemented, this reform shall also allow for a reduction in medical malpractice insurance costs. This thesis is organized as follows. Chapter 1 provides a review of the empirical literature on medical malpractice, where studies on outcomes and merit of claims, costs and defensive medicine are presented. Chapter 2 presents an empirical analysis of medical malpractice claims arriving to the Spanish Supreme Court. The focus is on reversal rates for civil and administrative decisions. Administrative decisions appealed by the plaintiff have the highest reversal rates. The results show a bias in lower administrative courts, which tend to focus on the State side. We provide a detailed explanation for these results, which can rely on the organization of administrative judges career. Chapter 3 assesses predictors of compensation in medical malpractice cases appealed to the Spanish Supreme Court and investigates the amount of damages attributed to patients. The results show horizontal equity between administrative and civil decisions (controlling for observable case characteristics) and vertical inequity (patients suffering more severe injuries tend to receive higher payouts). In order to execute these analyses, a database of medical malpractice decisions appealed to the Administrative and Civil Chambers of the Spanish Supreme Court from 2006 until 2009 (designated by the Spanish Supreme Court Medical Malpractice Dataset (SSCMMD)) has been created. A description of how the SSCMMD was built and of the Spanish legal system is presented as well. Chapter 4 includes an empirical investigation of the effect of a monitoring system for medical malpractice claims on insurance premiums. In Italy, some regions adopted this policy in different years, while others did not. The study uses data on insurance premiums from Italian public hospitals for the years 2001-2008. This is a significant difference as most of the studies use the insurance company as unit of analysis. Although insurance premiums have risen from 2001 to 2008, the increase was lower for regions adopting a monitoring system for medical claims. Possible implications of this system are also provided. Finally, Chapter 5 discusses the main findings, describes possible future research and concludes.

Invisible Victims: Recorded Crime and Children in the UK

While violence against children is a common occurrence only a minority of incidents come to the attention of the authorities. Low reporting rates notwithstanding, official data such as child protection referrals and recorded crime statistics provide valuable information on the numbers of children experiencing harm which come to the attention of professionals in any given year. In the UK, there has been a strong tendency to focus on child protection statistics while children as victims of crime remain largely invisible in annual crime reports and associated compendia. This is despite the implementation of a raft of policies aimed at improving the system response to victims and witnesses of crime across the UK. This paper demonstrates the utility of a more detailed analysis of crime statistics in providing information on the patterns of crime against children and examining case outcomes. Based on data made available by the Police Service for Northern Ireland, it highlights how violent crime differentially impacts on older children and how detection rates vary depending on case characteristics. It makes an argument for developing recorded crime practice to make child victims of crime more visible and to facilitate assessment of the effectiveness of current initiatives and policy developments. Copyright © 2013 John Wiley & Sons, Ltd.

User characteristics of transit oriented developments : the case of Kelvin Grove Urban Village

Transit oriented developments are high density mixed use developments located within short and easily walkable distance of a major transit centre. These developments are often hypothesised as a means of enticing a mode shift from the private car to sustainable transport modes such as, walking, cycling and public transport. However, it is important to gather evidence to test this hypothesis by determining the travel characteristics of transit oriented developments users. For this purpose, travel surveys were conducted for an urban transit oriented development currently under development. This chapter presents the findings from the preliminary data analysis of the travel surveys. Kelvin Grove Urban Village, a mixed use development located in Brisbane, Australia, has been selected as the case for the transit oriented developments study. Travel data for all groups of transit oriented development users ranging from students to shoppers, and residents to employees were collected. Different survey instruments were used for different transit oriented development users to optimise their response rates, and the performance of these survey instruments are stated herein. The travel characteristics of transit oriented development users are reported in this chapter by explaining mode share, trip length distribution, and time of day of trip. The results of the travel survey reveal that Kelvin Grove Urban Village users use more sustainable modes of transport as compared to other Brisbane residents.

Board network characteristics and company performance in Sweden : the case of Gnosjö companies and their board members in southern Sweden

When managers of entrepreneurial companies typically talk about strategies, they first consider what products to make and secondly where to locate the business. The entrepreneurial companies locate in rural areas because of a wish to maintain a certain lifestyle, or because they can combine a resource available there with certain knowledge or interest that they have (Getz and Nilsson, 2004). In addition, many managers of entrepreneurial companies are confident in locating in a rural area, because there often is economic and social structure supportive of local corporate governance. The most central part of corporate governance is the board of directors. In an entrepreneurial company in a rural area, such members of boards are most likely to be individuals in dominant positions influential in the local economy.

Lynch syndrome-associated breast cancers: clinicopathologic characteristics of a case series from the colon cancer family registry

Purpose: The recognition of breast cancer as a spectrum tumor in Lynch syndrome remains controversial. The aim of this study was to explore features of breast cancers arising in Lynch syndrome families. Experimental Design: This observational study involved 107 cases of breast cancer identified from the Colorectal Cancer Family Registry (Colon CFR) from 90 families in which (a) both breast and colon cancer co-occurred, (b) families met either modified Amsterdam criteria, or had at least one early-onset (<50 years) colorectal cancer, and (c) breast tissue was available within the biospecimen repository for mismatch repair (MMR) testing. Eligibility criteria for enrollment in the Colon CFR are available online. Breast cancers were reviewed by one pathologist. Tumor sections were stained for MLH1, PMS2, MSH2, and MSH6, and underwent microsatellite instability testing. Results: Breast cancer arose in 35 mutation carriers, and of these, 18 (51%) showed immunohistochemical absence of MMR protein corresponding to the MMR gene mutation segregating the family. MMR-deficient breast cancers were more likely to be poorly differentiated (P = 0.005) with a high mitotic index (P = 0.002), steroid hormone receptor–negative (estrogen receptor, P = 0.031; progesterone receptor, P = 0.022), and to have peritumoral lymphocytes (P = 0.015), confluent necrosis (P = 0.002), and growth in solid sheets (P < 0.001) similar to their colorectal counterparts. No difference in age of onset was noted between the MMR-deficient and MMR-intact groups. Conclusions: MMR deficiency was identified in 51% of breast cancers arising in known mutation carriers. Breast cancer therefore may represent a valid tissue option for the detection of MMR deficiency in which spectrum tumors are lacking

Cultural diplomacy with Chinese characteristics : the case of Confucius Institutes in Australia

Since 2004,China has set up more than 400 Confucius Institutes and 500 Confucius Classrooms in 108 countries to promote Chinese language and culture. Despite these impressive numbers, these institutions are still surprisingly under-studied. This article uses Confucius Institutes in Australia as a case study to deepen the understanding of China’s new cultural diplomacy tool. The article describes Confucius Institutes as a form of strategic stakeholder engagement and argues that this collaborative tool of cultural diplomacy depends heavily on the commitment of its local stakeholders.